So, you’ve taken the significant step of filing your application for divorce in Australia, and now you’re gearing up for the divorce hearing with the guidance of a skilled divorce lawyer in Parramatta. What’s going to happen next, and what should you expect? Let’s break it down for you in plain and simple terms.
How to Find Your Hearing Details
Once you’ve filed your divorce application, the hearing details will become available through two sources: the Commonwealth Courts Portal and the court list, usually by 4 pm (AEST) the day before your hearing. These details will include the date and time of your divorce hearing, the name of the registrar who’ll be presiding over your case and the instructions for attending the electronic hearing.
Is Your Attendance Required?
In Australia, divorce hearings are typically conducted electronically, unless you’re informed otherwise. This means you won’t need to physically show up at the Court registry, nor do you need a divorce lawyer to represent you in person. All you need is access to a telephone for the electronic hearing, and you won’t have to download any special applications.
Here’s the part where it gets a bit tricky. According to the Federal Circuit and Family Court of Australia, you’ll only need to attend the divorce hearing electronically if one of the following conditions applies:
- You’ve filed a sole application, and there’s a child of the marriage under 18 years old at the time of filing.
- You’ve indicated your wish to attend in your application.
- Either party has raised objections to the divorce being heard in the absence of the parties.
- The respondent has filed a response to divorce opposing the application.
Additionally, if you’re applying for an order for substituted service or a dispensation of service (by filing an application in a proceeding) because you can’t locate the respondent to serve the court documents, you’ll also need to attend the hearing. This is where attending your hearing becomes advisable with the expertise of a divorce lawyer in Parramatta.
If you need some tips, here is what to look for in a family lawyer.
Why Should You Attend Your Hearing with a Divorce Lawyer Parramatta?
Attending your hearing is essential if you need to provide additional affidavit material to explain specific circumstances of your relationship that could impact the outcome of your application. These circumstances might include:
- If you’ve experienced a period of separation under the same roof.
- If your marriage lasted less than two years.
- If there have been significant changes in circumstances since you filed your application.
Having copies of all your court documents, including your application and service document, with you during the hearing is a smart move. It ensures you’re ready to answer any questions the Registrar might have when reviewing your application, with the assistance of a divorce lawyer Parramatta.
What if Your Spouse Opposes the Divorce?
If your spouse, known as the respondent, has completed and filed a response to divorce but doesn’t oppose the application, they aren’t required to attend the hearing. However, if they’ve expressed objections in the response to divorce, they must be present at the divorce hearing to explain why they oppose the divorce order, guided by a divorce lawyer in Parramatta.
Can You Attend the Hearing Just Because?
Yes, you can. If you want to attend the hearing, even when it’s not mandatory, you can indicate your preference in your application. It is good to note that even though you’re not physically present, all the usual courtroom procedures apply during electronic divorce hearings. For etiquette and tips for online hearings, check out this page and consult your divorce lawyer in Parramatta for expert advice.
On the other hand, if you’re required to attend the hearing, but you or your legal representative can’t be there, you’ll need to get in touch with the Registrar via email at NationalDivorce@fcfcoa.gov.au. In your email, explain why you can’t attend and request an adjournment. Keep in mind that rescheduling your hearing date might not be possible unless there are exceptional circumstances, which your Parramatta divorce lawyer can help you navigate.
Trust GAR Lawyers for Your Family Law Needs
At GAR Lawyers, our experienced family lawyers are here to provide expert guidance and support throughout your family law journey. We offer personalised legal solutions tailored to your specific circumstances and ensure your rights and interests are protected. Your family’s future is important to us, and we are committed to achieving the best possible outcome for your case.to call us direct on 1300 706 490 or contact us below to send a message.